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Wednesday, February 17, 2021 | 18:18 WIB

Constitutional Justice Wahiduddin Adams at the ruling hearing of the Fakfak Regency election results dispute, Wednesday (17/2/2021) in the Courtroom of the Constitutional Court. Photo by Humas MK/Ifa.

JAKARTA, Public Relations of the Constitutional Court—The Constitutional Court (MK) rendered the 2020 Fakfak regent election results dispute petition by Candidate Pair No. 1 Samaun Dahlan-Clifford H. Ndandarmana inadmissible. The Decision No. 113/PHP.BUP-XIX/2021 was read out at a ruling hearing in the plenary courtroom on Wednesday, February 17, 2021.

In the legal considerations read out by Constitutional Justice Wahiduddin Adams, the Court stated that the vote margin between the Petitioner and the candidate pair with the most votes was supposed to be 2% out of the 39,717 total valid votes, or 794 votes.

“The Petitioner earned 19,446 votes while the Relevant Party earned 20,271 votes, so the vote margin between them was 825 votes (2.1%) or more than the threshold as stipulated in Article 158 paragraph (1) letter a of Law No. 10 of 2016,” Justice Wahiduddin read.

Therefore, the Court didn’t consider the Petitioner’s arguments because they were irrelevant and didn’t convincingly show any relation to the vote acquisition that could’ve affected the winning candidate pair. The Court believes the arguments and the evidence presented by the Petitioner didn’t warrant any violation of Article 158 of Law No. 1 of 2016. “Therefore, the Court believes the Petitioner didn’t have the legal standing to file the a quo petition,” Justice Wahiduddin added.

Also read:

Alleged Violation in Fakfak, Kaimana, and Manokwari Regent Election

Fakfak Regency KPU Claims Petitioner Has No Legal Standing

At the preliminary hearing, the Petitioner alleged 2,066 double support, as shown by the KTP (resident ID card) in the possession of three individual candidates. The also alleged that e-KTP as well as online and offline letters of recommendation (suket) had been used to manipulate the election for the Relevant Party’s gain. This was refuted by the Respondent at the second hearing for the case. The Respondent said that they had only issued 60 relocation letters for 17 districts and there was no recommendation from Bawaslu on the matter.

In the petitum, the Petitioner requested that the Court declare the Relevant Party not meeting the requirements of the 2020 Fakfak regent election and order the regency’s General Elections Commission (KPU) to hold a revote in three districts: Fakfak, Pariwari, and Kokas.

Writer: Fuad Subhan
Editor: Lulu Anjarsari
Uploader: Fuad Subhan

Translator: Yuniar Widiastuti
Editor: NL
Managing Editor: Budi Wijayanto

Translation uploaded on 02/18/2021 16:13 WIB

Disclaimer: The original version of the news is in Indonesian. In case of any differences between the English and the Indonesian version, the Indonesian version will prevail.

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